December 5, 2022 – Adducing Evidence After Trial is Over

“The test for adducing additional evidence after a Court has reserved its decision is very high.  The test is set out in 671122 Ontario Ltd. v. Sagaz Industries Canada Ltd. (2001 SCC 59, [2001] 2 S.C.R. 983).  In that case, the Court set out the following test:

a)   Would the evidence have affected the outcome of the hearing?

b)   If so, was the evidence discoverable prior to the hearing?”

Rana v. Rana, 2019 ONSC 7048 (CanLII) at 39

Leave a Reply

Your email address will not be published. Required fields are marked *